First they came for the teachers. See below:
Tennessee
State Board of Education Agenda January 27, 2012 Final Reading Item: IV. G.
License
Denial, Suspension, and Revocation Procedure Policy
The
Background:
Pursuant
to State Board of Education Rule 0520-2-4-.01(9)(b) the State Board of
Education may revoke, suspend or refuse to issue or renew a license for several
reasons listed in the rule.
Currently
under the policy, there is no option for the State Board to issue a public
reprimand for a license holder who engages in conduct which may not rise to the
level of a suspension, but should be discouraged nonetheless. Amending the
policy to include public reprimand as an option would ensure that those
instances of misconduct are not only recorded with the State Board of
Education, but are also reported to the National Association of State Directors
of Teacher Education and Certification (NASDTEC) Clearinghouse.
The Master Plan Connection:
This item
supports the Board’s Master Plan principles of effective school leaders and
effective teachers by ensuring that varying levels of misconduct will be
actionable.
The
Recommendation:
The SBE staff recommends adoption of
this item on final reading.
Procedure for License
Denial, Public Reprimand, Suspension & Revocation
Board
Rule 0520-2-4-.01(9) governs denial, public reprimand,
suspension and revocation of a Tennessee teaching license. Reporting and recording of action taken
on licenses is coordinated with the Department of Education’s Office of Teacher
Licensing and local education agencies.
Below
is a general outline of the procedure followed in cases of possible license
denial, public reprimand, suspension or revocation. Requests for restoration of suspended
or revoked licenses are handled in accordance with Board Policy 5.500, License
Restoration Requests.
Reporting
Board Rule
0520-2-4-.01(9)(e) requires superintendents to report to the Office of Teacher
Licensing whenever a teacher or administrator is “suspended or dismissed, or
[has] resigned, following allegations of conduct which, if substantiated, would
warrant consideration for license suspension or revocation under” the
rule. Superintendents are also
required to report “felony convictions of licensed teachers or administrators.”
These reports must be submitted “within thirty (30) days of the suspension,
dismissal or resignation” or “within 30 days of receiving knowledge of the
[felony] conviction.”
Procedure
After
receiving a report, the following procedure should be followed:
For
Automatic Revocation
1.
The
Office of Teacher Licensing (OTL) flags the individual’s file (license or
license application) on a database
available to Tennessee LEAs.
Before hiring new teachers, LEAs should check the potential employee’s
license status on this database to determine the reason for the flag.
2.
The
OTL creates a file with the superintendent’s report and the teacher’s license
information to Board counsel.
3.
Board
counsel obtains a certified copy of the criminal record showing the conviction
for one of the offenses at T.C.A. § 40-35-501(i)(2) or 39-17-417 (including
conviction on a plea of guilty or nolo contendere).
4.
Following
receipt of the certified record, Board counsel informs the individual that
his/her teaching license is subject to automatic revocation at the next Board
meeting. Notification is sent at
least 30 days prior to the Board meeting at which the revocation is scheduled
to occur.
For Denial, Public Reprimand,
Suspension or Revocation
1. The Office of Teacher Licensing (OTL) flags the
license file on a database available to Tennessee LEAs. Before hiring new teachers, LEAs should
check the potential employee’s license status on this database to determine the
reason for the flag.
2. The OTL prepares a file with the application
materials or the superintendent’s report and transmits the file to Board
counsel.
3. If another proceeding could affect the decision by
the Board, Board counsel may wait for:
a.
The conclusion of any LEA investigation and/or termination proceeding or
b.
Entry of a final order in any criminal or civil proceeding (including DCS
findings) related to the events giving rise to the report.
4. A three person panel of Board staff reviews the
file to determine whether disciplinary action (denial, public reprimand, suspension or revocation) should be pursued, or if
additional investigation is necessary.
This panel consists of the executive or deputy executive director,
counsel to the Board, and at least one other staff member.
a.
If the panel decides not to investigate further or pursue disciplinary action,
counsel to the Board directs the OTL to unflag the file.
b.
If the panel recommends that the Board impose disciplinary action, then
5. Board counsel then notifies the individual of the
Board’s intent and the individual’s right to a hearing. Counsel may also
include a proposed agreed order.
a.
If the individual waives the right to a hearing, Board counsel submits the
proposed disciplinary action to the Board for roll-call vote at its next
meeting. Counsel includes a
proposed order for the Board to approve.
b.
If the individual requests a hearing, then Board counsel schedules a hearing
with an Administrative Law Judge (ALJ) from the Secretary of State’s office,
sitting on behalf of the Board.
6. Board or ALJ action:
a.
No disciplinary action:
i.
If the Board votes not to impose discipline, Board counsel informs the
individual of the decision and directs the OTL to unflag the file.
ii.
If the ALJ, sitting on behalf of the Board, finds that suspension or revocation
is not warranted, Board counsel directs the OTL to unflag the file. The Board may, however, appeal the
ALJ’s decision at its discretion.
b.
If the Board votes to impose discipline, counsel sends a copy of the order
(signed by the Chair) to the individual, and copies the OTL.
c.
OTL records the disciplinary action and the grounds on the national
clearinghouse (NASDTEC).
NOTE:
Suspended licenses are subject to expiration.
A visual representation
of the procedure is included as an attachment to this policy.
 |
No comments:
Post a Comment